Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
In primis concessisse Deo et hac presenti carta nostra confirmasse, pro
nobis et heredibus nostris in perpetuum, quod Anglicana ecclesia libera
sit, et habeat jura sua integra, et libertates suas illesas; et ita
volumus observari; quod apparet ex eo quod libertatem electionum, que
maxima et magis necessaria reputatur ecclesie Anglicane, mera et
spontanea voluntate, ante discordiam inter nos et barones nostros motam,
concessimus et carta nostra confirmavimus, et eam obtinuimus a domino
papa Innocencio tercio confirmari; quam et nos observabimus et ab
heredibus nostris in perpetuum bona fide volumus observari.[336]
Concessimus eciam omnibus liberis hominibus regni nostri, pro nobis et
heredibus nostris in perpetuum, omnes libertates subscriptas, habendas
et tenendas eis et heredibus suis, de nobis et heredibus nostris.
-----
Footnote 336:
Some editions of the Charter place here the division between c. 1 and
c. 2.
In the first place we have granted to God, and by this our present
charter confirmed for us and our heirs for ever that the English
church shall be free, and shall have her rights entire, and her
liberties inviolate; and we will that it be thus observed; which is
apparent from this that the freedom of elections, which is reckoned
most important and very essential to the English church, we, of our
pure and unconstrained will, did grant, and did by our charter confirm
and did obtain the ratification of the same from our lord, Pope
Innocent III., before the quarrel arose between us and our barons, and
this we will observe, and our will is that it be observed in good
faith by our heirs for ever. We have also granted to all freemen of
our kingdom, for us and our heirs forever, all the underwritten
liberties, to be had and held by them and their heirs, of us and our
heirs forever.
This first of the sixty-three chapters of Magna Carta here places side
by side, bracketed equal as it were, (_a_) a general confirmation of the
privileges of the English national church, and (_b_) a declaration that
the various civil rights to be afterwards specified in detail were
granted “to all freemen” of the kingdom and to their heirs for ever. The
manner of this juxtaposition of the church’s rights with the lay rights
of freemen, suggests an intention to make it clear that neither group
was to be treated as of more importance than the other. If the civil and
political rights of the nation at large occupy the bulk of the Charter,
and are defined in their minutest details, the church’s rights, of which
no mention whatever had been made in the Articles of the Barons, receive
here a prior place.[337] A twofold division thus suggests itself.
-----
Footnote 337:
Cf. _supra_, p. 50.
-----
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account